This General Terms and Conditions (the “Terms”) shall apply to any Self-Storage Rental Contract and Service Contract entered into by and between CRE (Thailand) Co., Ltd. (the “Service Provider”) / (the “Lessor”) and (the “Service Receiver”) / (the “Lessee”).
Unless these Terms required otherwise, the following expressions have the following meanings: “Building” has the meaning given to it in Clause 3.1. “Contract” means the Self-Storage Service Contract entered into by and between the Service Provider and Service Receiver as amended from time to time.
“Possessions” has the meaning given to it in Clause 3.1.
“Service” means a self-storage service of the Trunk Room (as stipulated in Clause 3) rendered by the Service Provider.
“Service Provider” has the meaning given to it in the preamble of the Terms.
“Terms” shall mean this General Terms and Conditions.
“Trunk Room” has the meaning given to it in Clause 3.1.
“Service Receiver” shall mean a company or an individual who entered into the Self-Storage Service Contract with the Service Provider as the Service Receiver.
These Terms set out the general conditions for the Service and the specific terms and conditions will be set out in the Contract or other documents constituting the agreement between the Service Provider and the Service Receiver, and each shall be read and construed as an integral part of the agreement. In the event of any ambiguity or conflict between the documents abovementioned, the Terms shall prevail.
3. Self-Storage Service
3.1 The Service Provider hereby agrees to grant the right to the Service Receiver, and the Service Receiver hereby agrees to accept such right to store its properties and/or personal belongings (the “Possessions”) in the trunk room(s) as designated in the Contract (the “Trunk Room”) located at No.47/4 Soi Nuan Noi (Soi Ekkamai 28), Klong Tan Nuea, Wattana, Bangkok 10110, the Service Provider’s leased building(s) (the “Building”), under the term, at the service fee and on any other conditions set forth in the Terms and the Contract.
3.2 The agreement between the Service Provider and the Service Receiver for the Service shall become effective only when the parties execute the Contract and the Terms and all the deposit and prepaid service fee stipulated in the Contract have been paid in full by the Service Receiver to the Service Provider.
3.3 The Service Provider shall not be deemed to have possession of any goods stored in the Trunk Room or be a Bailee thereof.
4. Service Fee, Deposit and Expense
4.1 The service fee is to be paid in advance by the Service Receiver.
4.2 Upon signing of the Terms and the Contract, the Service Receiver agrees to pay the deposit to the Service Provider as stipulated in the Contract. This deposit shall be held by the Service Provider throughout the terms of this Contract as the security for any damage or loss the Service Provider may suffer from breach or non-performance or non-observance of any provision or covenant on the part of the Service Receiver contained herein or in the Contracts.
4.3 The deposit shall be returned in full (without interest but deductible for cleaning, fixing or sums as may then be due and payable to the Service Provider) within two (2) weeks after the expiry of the term and the return of the Trunk Room. The Service Receiver shall not transfer the right to receive the deposit to any person.
4.4 The service fee and expenses payable by the Service Receiver to the Service Provider under the Terms and the Contract do not include VAT. If VAT is chargeable by the Service Provider, the Service Receiver must pay the Service Provider the VAT in addition to the service fee and expenses at the same time as the service fee and expenses are required to be paid.
4.5 If the Service Receiver fails to make any payment due under the Terms and the Contract, the Service Receiver shall be liable for the delay penalty at the rate of seven point five percent (7.5%) per year until the date of full payment.
Items for the Possessions The Service Receiver shall not use the Trunk Room to store the following items:
(a) any flammable, combustible, explosive, corrosive, chemical, volatile, odorous, perishable, noxious, humidity causing or illegal nature or which may become a nuisance to the Service Provider or any other Service Receivers, e.g. thinner, paint, chemical waste, dead animal, guns, sword, illegal drug, etc.
(b) cash, securities, bank book, company stamp, precious metal, or a box that contain these kinds of things, or thing that can easily be exchanged for cash.
(c) vehicle, motorcycle or thing that has a motor.
(d) valuable goods such as fine art or document, data, record, diary or picture that are valuable to the Service Receiver.
(e) living creatures such as animals and plants.
(f) any items that weigh more than two hundred fifty (250) kilogram per one (1) square meter.
6. Service Provider’s Duty
6.1 The Service Provider shall provide the Trunk Room in good condition for the Service Receiver. However, unless otherwise stipulated in the Contract, the Service Provider shall not be obliged to provide particular storage conditions such as air-conditioning or fire proof storage.
6.2 The Service Provider shall provide the Service Receiver with the access to the Trunk Room twenty-four (24) hours per day. However, the Service Provider reserves the right to limit the access hours of the Service Receiver at the Service Provider’s sole discretion.
6.3 The Service Provider shall provide security systems, e.g. access control, CCTV cameras, alarm system, or security guard, for the common area, i.e. entrance and walkway, of the Building. The purposes of provision of the guard staff and CCTV cameras are for the Service Provider’s management and maintenance of the peacefulness in the Building only.
6.4 The Service Provider shall ensure the cleanliness and tidiness of the common area of the Building.
6.5 The Service Provider shall not be obliged to provide the insurance covering the damage or loss over the Possessions.
7. Service Receiver’s Duty
7.1 The Service Receiver shall not make use of the Trunk Room for any activity or purpose which is unlawful or in contrary to public order, good morals or purposes stipulated in this Terms.
7.2 The Possessions are stored at the sole risk and responsibility of the Service Receiver who is responsible for any and all theft, loss, damage to and deterioration of the Possessions, and shall bear the risk of any and all damage caused by flood, fire, leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the goods, pest or vermin or any other reason. The Service Receiver shall be responsible for moving the Possessions in and out from the Trunk Room at its own expense and responsibility. The Service Receiver shall be liable for any damage, cost and expenses relating to the storage or moving in and out of the Possessions.
7.3 The Service Receiver shall keep the Trunk Room in good condition during the term of the Terms. If the Service Receiver finds any damage or abnormalities on the Possessions, the Trunk Room or the Building, the Service Receiver shall notify the Service Provider immediately and follow the Service Provider’s instructions
7.4 The Service Receiver is recommended to access the Trunk Room at least once (1) a month to check the condition of the Possessions in the Trunk Room.
7.5 The Service Receiver shall not use the Trunk Room for residential purposes or for other purposes than storage including, but not limited to, sale of goods, manufacturing, fabrication or maintenance.
7.6 The Service Receiver shall not park any vehicles at the Building for purpose other than moving in or out of the Possessions.
7.7 The Service Receiver shall not smoke or otherwise light a fire or make smoke in the Trunk Room or the Building and parking area.
7.8 The Service Receiver shall keep the Trunk Room locked and provide his own lock and key.
7.9 The Service Receiver shall not place any Possessions outside the Trunk Room. Any items found outside the Trunk Room shall be conclusively presumed to be abandoned and may be disposed of by the Service Provider without notice or liability to the Service Receiver.
7.10 The Service Receiver shall not make any alterations to the Trunk Room and/or Building, use screw or nut on the Trunk Room and/or Building’s wall, install any instrument, nor post any signs without the express written consent of the Service Provider.
7.11 The Service Receiver shall not allow any third person to use all or any part of the Trunk Room unless the prior written consent from the Service Provider is granted. In that case, the Service Receiver shall cause such person to agree that it will be bound by and perform in accordance with the terms and conditions of the Terms.
7.12 The Service Receiver shall not create any charge, lien or other encumbrance over the Trunk Room or the right thereof. 7.13 The Service Receiver agrees to punctually pay the service fee and other sums under the Terms and Contract to the Service Provider. The Service Receiver hereby agrees that if the payment is overdue, the Service Provider may install additional lock to the Trunk Room.
7.14 Upon request of the Service Provider, the Service Receiver shall provide the Service Provider, its agents or employees, with access to the Trunk Room for the purpose of inspection, repair, alteration, improvement, or to supply any necessities to the Service. In case of an emergency, the Service Provider, its agents or employees may enter the Trunk Room for any of the above stated purpose without notice to or consent from the Service Receiver and the Service Provider is entitled to remove any items in the Trunk Room to another place as it deems appropriated. After such actions, the Service Provider will notify the Service Receiver as soon as practicable. For the purpose of this paragraph, the term “emergency” means any sudden, unexpected, reasonably doubt occurrence or circumstance which demands immediate action.
7.15 The Service Receiver acknowledges and agrees to strictly comply with, in addition to the provisions of this Terms, all relevant laws, regulations and ordinances, including rules and advices of the Service Provider and those amended or announced at the Service Provider’s discretion from time to time, which are or will be applicable to the use of Trunk Room. This includes laws relating to particular items of the Possessions which are stored. The liability for any and all breach of such laws and provisions herein rests absolutely with the Service Receiver, including any and all costs resulting from such breach.
7.16 The Service Receiver shall not drink, eat, cook or sleep in the Trunk Room or the Building. The Service Receiver shall, during the term of the Terms, neither do or permit to be done at the Trunk Room any act which may cause a nuisance or interference with the enjoyment of the Service Provider or other trunk room Service Receivers or neighbors of the Building. If the Service Provider raises a request to stop or to correct any misconduct or nuisance, the Service Receiver shall take immediate remedy action to fix the problem, including moving the Possessions out from the Trunk Room.
7.17 The Service Receiver shall procure any person who enters the Building or the Trunk Room upon its request or with its consent to comply with the foregoing duties under Clause 7 and shall be responsible for any act or omission committed by such person.
The Service Receiver hereby irrevocably and unconditionally agrees to indemnify and hold the Service Provider harmless against and from any and all claims, actions, demands, suits, costs, fees, disbursements, expenses (including legal fees), liabilities, obligations, losses, damages and penalties of whatsoever nature arising in connection with the Service Receiver’s use of the Service and the Trunk Room.
9. Liability of the Service Provider
9.1 The Service Provider shall not be liable for any of the following damage or loss that the Service Receiver suffers:
(a) Any damage or loss of the Possessions due to change of temperature or humidity in the Trunk Room or fire, earth quake, flood, water leakage or insect.
(b) Any damage or loss of the Possessions due to theft, accident or destruction by the third party.
(c) Any damage or loss due to the termination of the lease agreement of the Building between the lessor and the Service Provider.
(d) Any other damage or loss due to causes not attributable to willful misconduct or negligence of the Service Provider.
9.2 The Service Provider’s aggregate liability for all claims under all Contracts thereunder shall not exceed the amount equivalent to One Thousand (1,000) Baht.
10.1 The Terms and the Contract shall be terminated upon the following events:
(a) The Service Provider sends a thirty (30) day advance written notice of the termination to the Service Receiver.
(b) The Service Receiver passes away, becomes or subject to any insolvency, bankruptcy, dissolution, receivership or liquidation proceedings.
(c) The Service Receiver fails to pay the service fee for more than two (2) months.
(d) The Service Receiver breaches any of its material obligations hereunder and after having been given two (2) week notice by the Service Provider to correct such default, failure or breach, does not correct the matter immediately or, when immediate correction is not possible, fails to commence and continue effective corrective action after receipt of such notice.
(e) The Service Provider cannot contact the Service Receiver per the contact details provided by the Service Receiver for more than one (1) month. In case of the emergency, such period shall be reduced to ten (10) days.
(f) The Service Provider, at its sole discretion, finds that the Service Receiver has suspicious behavior or is not reliable which may cause the damage to the Service Provider.
(g) The termination of the lease agreement of the Building between the lessor and the Service Provider.
10.2 Upon termination or expiration of the Terms and the Contract, the Service Receiver shall:
(a) Remove all the Possessions from the Trunk Room and leave the Trunk Room in clean condition and a good state of repair to the satisfaction of the Service Provider immediately within the date of the termination or expiration. The Service Receiver agrees not to demand any compensation or expenses concerning the termination or expiration.
(b) Pay outstanding money and expenses including those listed in Clause 4 calculated by the Service Provider as being owed to the Service Provider up to the date of termination or expiration.
10.3 If the Service Provider reasonably believes that the Service Receiver is unable to carry out its obligation under Clause 10.2
(a) or the Service Receiver does not respond in a reasonable period to the notice sent by the Service Provider, the Service Provider may, but not obliged to, ask the Service Receiver to open the Trunk Room, or, if necessary, open the Trunk Room itself by force and carry out the Service Receiver’s obligation under Clause 10.2 (a). If after the Service Receiver returns the Trunk Room to the Service Provider and it is found that the Service Receiver does not make the Trunk Room clean, without trash, water, lubricant or waste, the Service Provider is entitled to charge the cleaning fee of five hundred (500) Baht to the Service Receiver. In addition, the Service Provider is entitled to charge the restoring fee to the Service Receiver if it is found that there is the damage and/or defect in the Trunk Room. For the avoidance of doubt, if the Service Receiver fails to remove any Possessions from the Trunk Room within seven (7) days, the Service Provider is authorized to (in its discretion) sell or otherwise dispose of all the remaining Possessions by any means, regardless the nature or value of the goods.
10.4 If the Service Provider reasonably believes that the Service Receiver is unable to carry out its obligation under Clause 10.2
(b), the Service Provider is entitled to lock the Trunk Room and charge the Service Receiver the penalty of One Thousand Baht (1,000) per day until the unpaid service fee or any other sums, or costs associated with debt collection and/or disposal of the goods are settled in full.
10.5 The remedy actions stipulated in Clause 10.3 and 10.4 shall not prejudice the right of the Service Provider to be reimbursed for any cost and expenses from the Service Receiver and to charge the overstay penalty throughout the period of overstay at the rate of twice (2) of the normal service fee to the Service Receiver.
10.6 In case that the Contract is terminated due to a cause attributable to the Service Receiver, the Service Provider is entitled to forfeit the service fee, deposit, cleaning charge and restoring cost for the remaining period.
10.7 In case of the termination under Clause 10.1 (g), the Service Provider and the Service Receiver shall have no right to demand damages from the other party.
10.8 All the Possessions in the Trunk Room are subject to a lien for the service fee and any other amount owing to the Service Provider by the Service Receiver. If any sums owed by the Service Receiver to the Service Provider is not paid in full within the period prescribed by the Service Provider, the Service Provider may enter the Trunk Room, take possession of any goods in the Trunk Room and/or forfeit the deposit and may, at the Service Provider’s sole discretion, do any one or more of the followings:
(a) Take any legal action to offset any unpaid sums, or costs associated with debt collection and/or disposal of the goods.
(b) Dispose of the goods in any other manner as the Service Provider sees fit, whether for value or not, if the goods are unsaleable, remain unsold after being offered for sale, pose a health and safety risk, or are of insufficient value to warrant a formal sale process.
11.1 The Service Receiver shall not sublet the Trunk Room or assign any right under the Terms and/or the Contract including the right to receive the deposit back, to any person without prior written consent from the Service Provider.
11.2 The Service Provider shall be free to sell, transfer, assign or otherwise dispose of part or all of its rights and obligations under the Terms and/or the Contract to any person without consent from the Service Receiver, provided that such transferee person shall agree to accept and assume all of such rights and obligations as the Service Provider hereunder.
12.1 Amendment or alteration hereto shall be made either in writing and signed by both parties or through the website of the Service Provider.
12.2 The Terms together with the Contract and such other documents as the parties may be required to sign from time to time relating to the Service comprise the entire agreement between the parties relating to the Service.
12.3 Except as otherwise expressly provided herein, the failure of a party to exercise any right granted hereunder shall not operate as or be construed as a waiver of such right or in any manner impair the ability of the party to enforce it at any subsequent time or times.
12.4 Any provision of the Terms which is determined to be invalid, illegal or unenforceable shall not affect the remainder of the Terms, which shall remain in effect as though the invalid, illegal or unenforceable provision had not been included herein.
12.5 All notices and other communications hereunder shall be deemed to be duly received if sent by mail or email to the other party at the address mentioned in the Contract. The Service Receiver shall inform the Service Provider of the change of its contact details, otherwise the Service Provider will rely on the last address the Service Receiver informed to the Service Provider and all documents, notices or instructions sent from the Service Provider to such address shall be deemed legally delivered to the Service Receiver.
12.6 These Terms are construed and governed by Thai law.